(HC) Abdulrazak v. Borders, No. 2:2019cv00127 - Document 27 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 12/30/2020 ADOPTING 25 Findings and Recommendations in full. Respondent's 17 motion to dismiss for failure to exhaust is GRANTED. The court DECLINES to issue certificate of appealability. CASE CLOSED. (Zignago, K.)

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(HC) Abdulrazak v. Borders Doc. 27 Case 2:19-cv-00127-JAM-DB Document 27 Filed 01/04/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ABDUL SHUKUR ABDULRAZAK, 12 13 14 No. 2:19-cv-0127 JAM DB P Petitioner, v. ORDER DEAN BORDERS, WARDEN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1). The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 13, 2020, the magistrate judge issued findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within thirty days. (ECF No. 25). Neither 23 party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations issued November 13, 2020 (ECF No. 25), are ADOPTED in full; 1 Dockets.Justia.com Case 2:19-cv-00127-JAM-DB Document 27 Filed 01/04/21 Page 2 of 2 1 2 2. Respondent’s motion to dismiss for failure to exhaust (ECF No. 17) is GRANTED pursuant to 28 U.S.C. § 2254(b)(1)(A), and 3 4 3. The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. 5 6 7 8 DATED: December 30, 2020 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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